Ohio § 2152.12

§ 2152.12.

(A)(1)(a) After a complaint has been filed alleging that a child is a delinquent child for

committing one or more acts that would be an offense if committed by an adult, if

any of those acts would be aggravated murder, murder, attempted aggravated murder,

or attempted murder if committed by an adult, the juvenile court at a hearing shall

transfer the case if either of the following applies: (i) The child was sixteen or seventeen years of age at the time of the act charged that

would be aggravated murder, murder, attempted aggravated murder, or attempted murder

and there is probable cause to believe that the child committed the act charged. (ii) The child was fourteen or fifteen years of age at the time of the act charged that

would be aggravated murder, murder, attempted aggravated murder, or attempted murder, section 2152.10 of the Revised Code provides that the child is eligible for mandatory transfer, and there is probable

cause to believe that the child committed the act charged. (b) After a complaint has been filed alleging that a child is a delinquent child by reason

of committing one or more acts that would be an offense if committed by an adult,

if any of those acts is a category two offense, the juvenile court at a hearing shall

transfer the case if the child was sixteen or seventeen years of age at the time of

the act charged that is a category two offense and either of the following applies: (i) Division (A)(2)(a) of section 2152.10 of the Revised Code requires the mandatory transfer of the case, and there is probable cause to believe

that the child committed the act charged that is a category two offense. (ii) Division (A)(2)(b) of section 2152.10 of the Revised Code requires the mandatory transfer of the case, and there is probable cause to believe

that the child committed the act charged that is a category two offense. (2) The juvenile court also shall transfer a case in the circumstances described in division (C)(5) of section 2152.02 of the Revised Code or if either of the following applies: (a) A complaint is filed against a child who is eligible for a discretionary transfer

under section 2152.10 of the Revised Code and who previously was convicted of or pleaded guilty to a felony in a case that

was transferred to a criminal court. (b) A complaint is filed against a child who is domiciled in another state alleging that

the child is a delinquent child for committing an act that would be a felony if committed

by an adult, and, if the act charged had been committed in that other state, the child

would be subject to criminal prosecution as an adult under the law of that other state

without the need for a transfer of jurisdiction from a juvenile, family, or similar

noncriminal court to a criminal court. (3) If a complaint is filed against a child alleging that the child is a delinquent child

and the case is transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of

this section and if the child subsequently is convicted of or pleads guilty to an

offense in that case, the sentence to be imposed or disposition to be made of the

child shall be determined in accordance with section 2152.121 of the Revised Code . (B) Except as provided in division (A) of this section, after a complaint has been filed

alleging that a child is a delinquent child by reason of committing one or more acts

that would be an offense if committed by an adult and if any of those acts would be

a felony if committed by an adult, the juvenile court at a hearing may transfer the

case if the court finds all of the following with respect to an act charged that would

be a felony: (1) The child was fourteen years of age or older at the time of the act charged. (2) There is probable cause to believe that the child committed the act charged. (3) The child is not amenable to care or rehabilitation within the juvenile system, and

the safety of the community may require that the child be subject to adult sanctions.  In making its decision under this division, the court shall consider whether the

applicable factors under division (D) of this section indicating that the case should

be transferred outweigh the applicable factors under division (E) of this section

indicating that the case should not be transferred.  The record shall indicate the specific factors that were applicable and that the

court weighed. (C) Before considering a transfer under division (B) of this section, the juvenile court

shall order an investigation into the child's social history, education, family situation,

and any other factor bearing on whether the child is amenable to juvenile rehabilitation,

including a mental examination of the child by a public or private agency or a person

qualified to make the examination.  The investigation shall be completed and a report on the investigation shall be

submitted to the court as soon as possible but not more than forty-five calendar days

after the court orders the investigation.  The court may grant one or more extensions for a reasonable length of time.  The child may waive the examination required by this division if the court finds

that the waiver is competently and intelligently made.  Refusal to submit to a mental examination by the child constitutes a waiver of the

examination. (D) In considering whether to transfer a child under division (B) of this section based

on an act charged that would be a felony if committed by an adult, the juvenile court

shall consider the following relevant factors, and any other relevant factors, in

favor of a transfer under that division: (1) The victim of the act charged suffered physical or psychological harm, or serious

economic harm, as a result of the alleged act. (2) The physical or psychological harm suffered by the victim due to the alleged act

of the child was exacerbated because of the physical or psychological vulnerability

or the age of the victim. (3) The child's relationship with the victim facilitated the act charged. (4) The child allegedly committed the act charged for hire or as a part of a gang or

other organized criminal activity. (5) The child had a firearm on or about the child's person or under the child's control

at the time of the act charged, the act charged is not a violation of section 2923.12 of the Revised Code , and the child, during the commission of the act charged, allegedly used or displayed

the firearm, brandished the firearm, or indicated that the child possessed a firearm. (6) At the time of the act charged, the child was awaiting adjudication or disposition

as a delinquent child, was under a community control sanction, or was on parole for

a prior delinquent child adjudication or conviction. (7) The results of any previous juvenile sanctions and programs indicate that rehabilitation

of the child will not occur in the juvenile system. (8) The child is emotionally, physically, or psychologically mature enough for the transfer. (9) There is not sufficient time to rehabilitate the child within the juvenile system. (E) In considering whether to transfer a child under division (B) of this section based

on an act charged that would be a felony if committed by an adult, the juvenile court

shall consider the following relevant factors, and any other relevant factors, against

a transfer under that division: (1) The victim induced or facilitated the act charged. (2) The child acted under provocation in allegedly committing the act charged. (3) The child was not the principal actor in the act charged, or, at the time of the

act charged, the child was under the negative influence or coercion of another person. (4) The child did not cause physical harm to any person or property, or have reasonable

cause to believe that harm of that nature would occur, in allegedly committing the

act charged. (5) The child previously has not been adjudicated a delinquent child. (6) The child is not emotionally, physically, or psychologically mature enough for the

transfer. (7) The child has a mental illness or intellectual disability. (8) There is sufficient time to rehabilitate the child within the juvenile system and

the level of security available in the juvenile system provides a reasonable assurance

of public safety. (F) If one or more complaints are filed alleging that a child is a delinquent child for

committing two or more acts that would be offenses if committed by an adult, if a

motion is made alleging that division (A) of this section applies and requires that

the case or cases involving one or more of the acts charged be transferred, and if

a motion also is made requesting that the case or cases involving one or more of the

acts charged be transferred pursuant to division (B) of this section, the juvenile

court, in deciding the motions, shall proceed in the following manner: (1) Initially, the court shall decide the motion alleging that division (A) of this section

applies and requires that the case or cases involving one or more of the acts charged

be transferred. (2) If the court determines that division (A) of this section applies and requires that

the case or cases involving one or more of the acts charged be transferred, the court

shall transfer the case or cases in accordance with that division, and that transfer

also automatically requires the transfer of the case or cases for which the transfer

request was made under division (B) of this section without any action taken or finding

made under that division, provided that as described in section 2152.022 of the Revised Code no count shall be transferred with the case unless the court finds probable cause

to believe that the child committed the act charged in the count.  Notwithstanding division (B) of this section, prior to transferring a case pursuant

to division (A) of this section, the court is not required to consider any factor

specified in division (D) or (E) of this section or to conduct an investigation under

division (C) of this section. (3) If the court determines that division (A) of this section does not require that the

case or cases involving one or more of the acts charged be transferred, the court

shall decide in accordance with division (B) of this section whether to grant the

motion requesting that the case or cases involving one or more of the acts charged

be transferred pursuant to that division. (4) No report on an investigation conducted pursuant to division (C) of this section

shall include details of the alleged offense as reported by the child. (G) The court shall give notice in writing of the time, place, and purpose of any hearing

held pursuant to division (A) or (B) of this section to the child's parents, guardian,

or other custodian and to the child's counsel at least three days prior to the hearing. (H) No person, either before or after reaching eighteen years of age, shall be prosecuted

as an adult for an offense committed prior to becoming eighteen years of age, unless

the person has been transferred as provided in division (A) or (B) of this section

or unless division (J) of this section applies.  Any prosecution that is had in a criminal court on the mistaken belief that the

person who is the subject of the case was eighteen years of age or older at the time

of the commission of the offense shall be deemed a nullity, and the person shall not

be considered to have been in jeopardy on the offense. (I)(1) Section 2152.022 of the Revised Code applies with respect to the transfer of a case made under division (A)(1) or (B)

of this section. Section 2152.022 of the Revised Code applies with respect to the transfer of a case made under division (A)(2) of this

section in the same manner as if the transfer was made under division (A)(1) of this

section. (2) Upon the transfer of a case under division (A) or (B) of this section, the juvenile

court shall state the reasons for the transfer on the record, and shall order the

child to enter into a recognizance with good and sufficient surety for the child's

appearance before the appropriate court for any disposition that the court is authorized

to make for a similar act committed by an adult.  Except as otherwise provided in division (B) of section 2152.022 of the Revised Code , all of the following apply with respect to the transfer: (a) The transfer abates the jurisdiction of the juvenile court with respect to the delinquent

acts alleged in the complaint in the case; (b) Upon the transfer, all further proceedings pertaining to the acts charged in the

complaint in the case shall be discontinued in the juvenile court; (c) Upon the transfer, the case then shall be within the jurisdiction of the court to

which it is transferred as described in division (H) of section 2151.23 of the Revised Code . (J) If a person under eighteen years of age allegedly commits an act that would be a

felony if committed by an adult and if the person is not taken into custody or apprehended

for that act until after the person attains twenty-one years of age, the juvenile

court does not have jurisdiction to hear or determine that act, any other charge included

in the case charging the person with committing that act, or any portion of that case.  In those circumstances, divisions (A) and (B) of this section do not apply regarding

the act, and the case that includes the charge that the person committed the act,

and all other charges in the case, shall be a criminal prosecution commenced and heard

in the appropriate court having jurisdiction of the offense as if the person had been

eighteen years of age or older when the person committed the act.  All proceedings pertaining to the acts charged in the case shall be within the jurisdiction

of the court having jurisdiction of the offense, and that court has all the authority

and duties in the case as it has in other criminal cases in that court.